Fee v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. A. L*. Thomas, Special Judge. (1) Upon the agreed statement of facts the judgment should have been for the defendant upon the-amended return of the constable in the case of Munson v. Fee. (2) The court should have permitted the constable to amend his return, or the copy thereof, filed in this case upon the garnishment process in Munson v. Fee.
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Appeal from, the Jasper Circuit Court. — Hon. A. L*. Thomas, Special Judge. (1) Upon the agreed statement of facts the judgment should have been for the defendant upon the-amended return of the constable in the case of Munson v. Fee. (2) The court should have permitted the constable to amend his return, or the copy thereof, filed in this case upon the garnishment process in Munson v. Fee. (3) The court is not only authorized, but required, to permit amendments to returns of officers where they are shown to be necessary to establish the actual facts of such service, and in the interest of…
1Opinion of the CourtEllison, J.
This action was begun before a justice of the peace where plaintiff had judgment. On appeal to the circuit court plaintiff again had judgment.
Defendant concedes that it owes plaintiff $5.40, which was duly tendered and deposited in court. To the balance claimed there is the defense that defendant was indebted to plaintiff in that sum, but that it was summoned as garnishsee in a case arising in a justice’s court, wherein one Munson was plaintiff, and the plain*94•tiff here was defendant. That it paid said balance on ■this garnishment after proper proceeding in said justice’s court. The…
2Cases cited20 opinions
- State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Gates v. TustenSupreme Court of Missouri · 1886
- Norvell v. PorterSupreme Court of Missouri · 1876
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Haley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by7 opinions
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- Bristol v. BrentUtah Supreme Court · 1909
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Call v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1909
- Martin v. CastleSupreme Court of Missouri · 1904
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